Law Commission to review gaps around 'new media'

Justice Minister Simon Power has asked the Law
Commission to review the adequacy of regulations around how
the Internet interacts with the justice system.

“I’ve
ordered this review because it’s imperative the law keeps
pace with technology and that we have one set of rules for
all news media,” Mr Power said.

"At the moment we've got
two tracks – conventional media and the so-called 'new
media' – intersecting with the justice system, and it's
not sustainable.

“It’s a bit of a Wild West out there
in cyberspace at the moment, because bloggers and online
publishers are not subject to any form of regulation or
professional or ethical standards.

"Issues I’m concerned
about include how trials can be prejudiced by information
posted on websites and seen by jurors, real-time online
streaming of court cases, breaches of court suppression
orders, and re-publication of a libel.

“Because of the
enormous scope of this whole issue, the terms of reference
for the review have been tightly defined.”

It will focus
on whether either of the two existing industry watchdogs –
the Broadcasting Standards Authority and the Press Council -
could provide a suitable vehicle for regulating unregulated
forms of new media.

The review will deal with the
following matters:

• How to define ‘news media’ for
the purposes of the law.• Whether and to what extent
the jurisdiction of the Broadcasting Standards Authority
and/or the Press Council should be extended to cover
currently unregulated news media, and if so what legislative
changes would be required to achieve this.• Whether
existing criminal and civil remedies for wrongs such as
defamation, harassment, breach of confidence, and privacy
are effective in the new media environment, and if not
whether alternative remedies are available.

Mr Power says
the Law Commission is the best vehicle to undertake the
review because it reviewed the related matter of suppression
laws, which the Government tightened last week.

The review
will be led by Law Commissioner Professor John Burrows QC
and senior research and policy adviser Cate Honore
Brett.

Mr Power says the public will have the opportunity
to have their say when the commission releases an issues
paper by December next
year.

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